Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.34091 of 2007 W.M.P.No.1 of 2007 Saraswathi

...Petitioner

vs.

1. The District Collector, Coimbatore District, Coimbatore - 641 018.

2. The Tahsildar, Udumalpet Taluk, Coimbatore District.

3. The Revenue Inspector, Pethappampatti, Udumalpet Taluk, Coimbatore District. ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, for bearing the respondents herein from in any way preventing the petitioner from drawing water from his well situated in Natham S.F.No.42/A1, Veethampatti village, Udumalpet Taluk, Coimbatore District for irrigating his agricultural lands. For Petitioner : Mr. K.Govi Ganesan For Respondents : Mr. G.Nanmaran Special Government Pleader

ORDER

The petitioner has filed this petition for bearing the respondents herein from in any way preventing the petitioner from drawing water from his well situated in Natham S.F.No.42/1, Veethampatti Village, Udumalpet Taluk, Coimbatore District for irrigating his agricultural lands.

2. Mr. G.Nanmaran, learned Special Government Advocate takes notice for the respondent. In view of the limited relief

sought for in this petition and on the consent expressed by the Learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of agricultural well as well as land, the agricultural well is situated in S.F.No.42/A1 whereas the petitioner land is situated in S.F.No.243/1D and S.F.No.243/1E. The grievance of the petitioner is that the revenue officials prevented him from taking water from the well to irrigate his agricultural lands. Hence, the present writ petition is filed by the petitioner.

4. Though very many grounds have been raised, learned counsel for the petitioner fairly conceded that without getting permission from officials for taking water from the well to the agricultural land the present writ petition is filed.

5. In view of the aforesaid submission, the present writ petition is disposed of, granting liberty to the petitioner to submit necessary application and obtain proper permission for laying pipeline from the well to the agricultural land, if permission is not acquired earlier.

6. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar tri/nhs To

1. The District Collector, Coimbatore District, Coimbatore - 641 018.

2. The Tahsildar, Udumalpet Taluk, Coimbatore District.

3. The Revenue Inspector, Pethappampatti, Udumalpet Taluk, Coimbatore District.

+1cc to Mr.K.Govi Ganesan, Advocate SR.No.9686 +1cc to Government Pleader SR.No.10246 W.P.No.34091 of 2007 W.M.P.No.1 of 2007 AK II(CO) GMY(03/03/2022)